No. 1590 October Term, 1977, Appeal from the Judgment of Sentence of the Court of Common Pleas of Clinton County, Criminal Division at No. 51 October Term, 1975.
Peter Burchanowski, Williamsport, for appellant.
Michael J. Williamson, District Attorney, Lock Haven, for Commonwealth, appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Jacobs and Watkins, former President Judges, and Hoffman, J., did not participate in the consideration or decision of this case.
[ 264 Pa. Super. Page 137]
Appellant was found guilty in a non-jury trial of theft by failure to make a required disposition of funds received.*fn1 On April 12, 1977, judgment of sentence was imposed placing appellant on five (5) years probation, and assessing a fine of $500.00, the costs of prosecution, and restitution. From that sentence this appeal is taken.
This prosecution was initiated on the complaint of Mr. Bruce Edmonds, represented by private counsel, Jonathan D. Dunn, Esquire. It was approved by the District Attorney of Clinton County, J. Michael Williamson, Esquire, who represented the Commonwealth throughout these proceedings.
[ 264 Pa. Super. Page 138]
Mr. Edmonds, appellant, and a co-defendant*fn2 joined together in a business venture which became incorporated as Clinton Housing Systems, Inc. The purpose of the corporation was to engage in the building of homes. Mr. Edmonds was its president and appellant its secretary. These officers attempted to establish a line of credit for the corporation through the Merchants National Bank of Allentown, Pennsylvania, but the bank refused the application.
Mr. Edmonds and his wife then applied to the same bank for a personal loan. This loan was approved by the bank in the amount of $20,000.00 and the bank issued its check in that amount to Mr. Edmonds and his wife, who immediately endorsed it to the order of the new corporation, Clinton Housing Systems, Inc. The check was then entrusted to appellant. Although the direct purpose of this loan was to enable the Edmonds to purchase a home, the transaction was to be accomplished through Clinton Housing Systems, Inc., thus enabling this new corporation to establish its credit.
The Edmonds' new home, a modular-type sold by the Stylex Corporation, was purchased by the new corporation, which also paid for the home and installed it on a lot owned by the Edmonds. The Edmonds placed a mortgage on this property, for which a check was received from the Lock Haven Savings and Loan in the amount of $25,200.00.
It had previously been agreed between appellant and Edmonds, with the approval of the bank, that upon completion of the above transaction, the bank loan in the amount of $20,000.00 plus interest would be repaid from the proceeds of the mortgage. Those proceeds were endorsed to the new corporation by Mr. and Mrs. Edmonds, and Mr. Edmonds, as president of the corporation, endorsed the check to attorneys for distribution. From this distribution the new corporation secured a check in the amount of $24,137.10. We assume the difference results from the ...